Romania's individual income tax rates for 2015 are flat at 16%.
Romania's corporate tax rate for 2015 is 16% too.
Capital gains of companies and individuals are taxed at 16%. For individuals the tax rate for gain from sale of real estate is 1%-3%.
Romanian companies and individuals pay tax on their Romanian and worldwide income. Non -residents companies and individuals pay tax only on Romanian source income.
A foreign company is resident if the management is in Romania.
An individual is resident if the center of living is in Romania, or if staying in Romania for 183 days within 12 months.
Losses are carried forward for seven years. There is no carryback for losses.
Depreciation is deducted using one of the 3 methods, the straight line method, the reduced balance depreciation and the accelerated method.
Provisions for bad debts are allowed under certain terms.
There is no company consolidation for tax purpose.
In Romania tax is deducted at source from the following payments to non-residents:
Technical Fees ? 16%.
Note: the tax withholding rates are subject to double taxation treaties and EU interest and royalties directive.
Tax rate in Romania for Residents and Non-Residents are 16% Flat rate
Exempt income includes the following (however certain conditions
must be met):
Employment income derived from non-Romanian employers in respect of work done outside Romania, unless this income is paid by or on behalf of a Romanian employer costs borne by employers for their employees while on business trips in Romania or abroad, including per-diem (within certain limits), travel, and housing costs, if it can be demonstrated that they are business-related relocation allowances covering moving expenses of the expatriate assignee and his/her family, as well as the transportation of the household goods to the location of his/her assignment reimbursable loans granted to employees free of interest or with interest lower than the market interest rate do not give rise to taxable benefits at the level of the employees employer?s contributions to qualifying voluntary pension funds, up to EUR400 per year.
Remuneration earned by Romanian tax residents for work done outside
Romania is not taxable in Romania, provided that the remuneration is
not paid by or on behalf of a Romanian resident employer and the
remuneration is not borne by a permanent establishment in Romania of
the non-Romanian employer.
Employment income earned from working abroad by Romanian non-resident individuals is not taxable in Romania unless it relates to work carried out in Romania.
The statutory corporate income tax rate is 16%. Taxpayers involved in activities related to nightclubs, casinos, discotheques, and sport-betting organizers, including legal entities which obtain such type of revenues based on an association contract, and in case the relevant profit tax is lower than 5% of the revenues derived from those activities, then such taxpayers are obliged to pay a profit tax of 5% levied on the respective registered revenues. Certain exceptions would apply to investments in deprived areas (according to transitional dispositions). Moreover, there is a specific regime applicable to Romanian legal entities which may fulfill certain conditions to qualify as micro - enterprises. Such regime is mandatory. The relevant corporate income tax rate under this regime is 3% (levied on revenues of any source).
Resident individuals are liable to tax on investment income and capital gains. See below detailed information on applicable tax rates on various types of income.
Non-resident individuals are also liable to withholding tax on investment income, provided that such income qualifies as Romanian-source income. The applicable tax rates to income derived by non-resident individuals are similar to the tax rates applicable to resident individuals.
Individuals who are tax residents of countries that have concluded tax treaties with Romania can potentially obtain treaty relief to reduce these taxes.
Generally, interest and dividends are subject to a 16 percent tax rate. Romanian resident persons paying interest or dividends to individuals (residents or non-residents) have an obligation to withhold tax.
As a general rule, capital gains from sale of shares are subject to
a 16 percent tax rate.
Rental income is subject to a 16 percent flat tax rate; however, a 25 percent notional deduction is available.
Under current Romanian tax law, employees deriving income from stock option plans qualified as such according to Romanian law, are not liable to tax at the moment of grant or at the moment of exercise of the options. Upon sale of underlying shares, individuals derive capital gains subject to capital gain tax. The taxable income is determined as the difference between sale proceeds and exercise price, less broker?s fees.
Income derived from foreign exchange/interest rate transactions (such as, currency forward, currency and interest rate swap, and options) is subject to a 16 percent tax rate. Losses from such transactions may be offset against similar gains.
Income from sale of real estate properties is subject to regressive tax rates between 3 percent or 1 percent (costs may not be deducted). The applicable rate depends upon the value of the property and whether the property is held for less or more than three years.
Capital losses from sale of shares in listed companies may be deducted from similar gains. Annual capital losses can be carried forward for the following 7 years, provided dully declared.
Capital gains on the sale of personal belongings are not taxable, except from income from sale of real estate properties, although certain exemptions may be available.
Gifts are not subject to tax. Also, gifts consisting of real estate properties may be subject to tax, unless the gift is between relatives up to the third degree or between spouses.
The tax year ends on 31 December in Romania.
Annual tax returns are due by 25 May of each year for the previous year.
In certain cases, such as for employment income derived from non-Romanian employers, tax returns are due on a monthly basis by the 25th day of each month for the previous month.